Chapter 175 town of front royal municipal code chapter 175
(Added “Signs & Special Childcare Services”
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- Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175
- 175-53.12 SUBSTANTIAL CONFORMANCE TO CONCEPT PLAN
- 175-53.13 AREA REGULATIONS
- 175-53.14 MAXIMUM HEIGHT
- 175-53.15 MINIMUM SETBACK AND YARD DIMENSIONS
- 175-53.16 STANDARDS
- LIMITED INDUSTRIAL DISTRICT (I-1) 175-54 STATEMENT OF INTENT (I-1)
- 175-55 USES PERMITTED BY RIGHT (I-1)
- (Amended 4-14-03, 7-25-05 and 6-22-15-Effective Upon Passage) 175-56 USES PERMITTED BY SPECIAL PERMIT (I-1)
- (Amended 8-12-91, 1-27-03, 4-14-03, 9-26-05, 7-28-08, 7-23-12 and 6-22-15-Effective Upon Passage) 175-57 AREA (I-1)
- 175-59 FRONTAGE AND YARDS (I-1)
- 175-60 HEIGHT (I-1)
(Added “Signs & Special Childcare Services” 6-22-15-Effective Upon Passage) B. Special Use Permit. The following uses are permitted within the MCD District only by approval of a special use permit or where specifically designated on an approved Concept Plan, except as prohibited or restricted by separate restrictions of record that may pertain to property within the MCD District: RESIDENTIAL: Multi-family Single-family attached or detached COMMERCIAL: Automobile Repair Day Care and Day Care Facilities Motels, hotels, lodging and tourist homes Gasoline Sales Restaurant, Drive-In INDUSTRIAL: Distribution facilities Medium Industrial Mini-Storage Facility Wholesale and warehouse establishments ORGANIZATIONAL: College or university, with living quarters Schools, other than adult instructional facilities MISCELLANEOUS: 175-53.11 REVIEW AND CREATION A. The MCD District may only be established for properties that consist of at least 50 contiguous acres of land area. B. In addition to the requirements of this Chapter, the following additional information shall be submitted with an application to rezone, or conditional rezone, property to the MCD District. 1. Concept Plan. A Concept Plan shall be submitted with an application for rezoning or conditional rezoning. The Concept Plan shall illustrate how the property is intended to be developed, and how the proposed development will conform to Town ordinances, including any associated proffers, and the Comprehensive Plan. When illustrating the Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-111 intended development, the Concept Plan shall include the location of existing structures, and the existing and/or proposed location of the following. a. Roads b. Sidewalks and trails c. Recreational facilities and parks d. Open Space e. Stormwater infrastructure f. Topography g. Floodplains h. Wetlands i. Sinkholes, caves or caverns j. Hazardous areas k. Tree canopy l. Archeological sites and historic structures m. Endangered species n. Land uses and building areas o. Adjacent properties p. Public and private utilities & easements q. Other information related to the proposed development that is necessary to assess the impacts and scope of the project. 2. Traffic Impact Analysis (TIA). A detailed TIA shall be prepared and submitted with an application to rezone, or conditionally rezone, to the MCD District. The TIA shall show the expected average daily traffic movements over any and all existing and planned streets within the proposed planned development, including motor vehicle traffic generated by the uses within the planned development. The traffic impact analysis shall include vehicle traffic generated by the lots within the planned development and expected to be generated in the future from the development of any and all adjacent properties to which and from which additional street connections are reasonably projected to be made and to which and from which additional traffic is reasonably expected to be generated. The study shall also include an analysis of the impact of the projected traffic on the adjacent local, collector and arterial road network, an assessment of the capacity of nearby intersections and appropriate solutions for improvements to the network (based on identified traffic problems) in accordance with Institute of Transportation Engineers (ITE) standards for acceptable street and intersection service levels. 3. Phase 1 Environmental Analysis. At a minimum, a Phase 1 Environmental Site Assessment shall be submitted with a rezoning application to the MCD District. The Phase I Environmental Site Assessment shall be based on the anticipated use of the property proposed for development, and shall be prepared by generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Materials (ASTM). A Phase II Environmental Site Assessment may be required at the time of rezoning application, or site plan application, based on the findings of the Phase 1 Environmental Site Assessment. A Phase II Environmental Site Assessment shall be prepared in accordance with the regulations of the Environmental Protection Agency Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-112 (EPA) and the ASTM. In circumstances where more detailed studies have been completed and provided to the Town, those studies shall be accepted in lieu of an Environmental Site Assessment. 4. Impact Statement. The applicant shall provide an Impact Statement that provides a narrative of the existing and proposed land use of the property and describe how it conforms to the Comprehensive Plan. The Impact Statement shall also identify how the project will impact the following, and how those impacts are proposed to be mitigated. a. Fiscal Impacts, capital and operating. b. Impacts to the Quality of Life of citizens. c. Impacts to Property Values. d. Impacts to the Environment. e. Impacts to Archeological and Historic Resources. 175-53.12 SUBSTANTIAL CONFORMANCE TO CONCEPT PLAN The submission of a concept plan with a rezoning application, including all conditions and elements proposed on the plan, shall be considered as proffers for the conditional rezoning of the property. Upon approval of the requested conditional rezoning, and acceptance of all conditions, including the concept plan and all other proffers that may be offered, all future land use activities shall be in substantial conformance with the concept plan. All future site development plan applications and subdivision plat applications shall be in substantial conformance with the concept plan. Minor deviations of the concept plan that do not significantly alter the overall land use layout, or conflict with specific conditions on the plan, or other proffers, may be considered in substantial conformance. Major deviations to the concept plan shall undergo the review process standard for proffer revisions. 175-53.13 AREA REGULATIONS Lot Size & Width. New lots created on property within the MCD District shall not have a minimum lot size or width, except for corner lots, which shall have a minimum lot width at the setback line of one hundred (100) feet. 175-53.14 MAXIMUM HEIGHT A. The maximum structural height of buildings used for colleges, universities or hospitals shall be 5 stories, up to a maximum of 70 feet. B. The maximum structure height of buildings used for parking garages, hotels, or technology businesses shall be 4 stories, up to a maximum of 56 feet. C. Except as authorized under subsection 175.53.12A and 175.53.12B, the maximum building height shall be 3 stories, up to a maximum of 42 feet. Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-113 D. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Director to ensure appropriate emergency access for all permitted land uses. Where a clear zone is required, an easement shall be obtained to establish required clear zone areas. 175-53.15 MINIMUM SETBACK AND YARD DIMENSIONS A. The following setback and yard dimension requirements shall apply to lots within the MCD District. 1. Yards abutting existing public streets: Thirty (30) feet. 2. Yards abutting new public or private streets: Twenty (20) feet. 3. Yards abutting alleys or internal travel lanes: Fifteen (15) feet. 4. Side yard: Zero (0) feet 5. Rear yard: Zero (0) feet 6. Residential uses that may be approved by special use permit shall provide a minimum rear yard of at least twenty-five (25) feet. 175-53.16 STANDARDS In addition to the other requirements of the Town Code, developments within the MCD District shall comply with the following standards. A. Open Space Standards 1. At least thirty percent (30%) of the acreage of the property shall be dedicated open space with public access. 2. Up to 25 percent (25%) of the open space required by subsection 175-53.13B.1. may be satisfied with land covered by water. 3. Required open space, including ingress/egress to the required open space, shall not be located within individual building lots. 4. Required open space shall not be further subdivided, and any future development of open space shall only be for the purpose of enhancing the use that it is dedicated for. 5. Open space shall be permanently dedicated for one of more of the following uses: natural resource conservation, or recreational facilities, wetland and water course preservation, selective forestry, wildlife habitat, undeveloped parklands or scenic preservation. 6. The open space shall be conveyed by the applicant as a condition of plat approval and may be conveyed by any of the following means as determined by the Town Council: a. Deeded in perpetuity to the Town of Front Royal or other governmental agency for the purposes herein. Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-114 b. Reserved for common use or ownership of all property owners within the development by covenants in the deeds approved by the Town Attorney. A copy of the proposed deed covenants shall be submitted with the application. c. Deeded in perpetuity to a private, non-profit, tax-exempt organization legally constituted for conservation purposes under terms and conditions that ensure the perpetual protection and management of the property for conservation purposes. A copy of the proposed deeds and relevant corporate documents of the land trust shall be submitted with the application. d. Deeded to a property owner's association within the development upon terms and conditions approved by the Town Attorney that will ensure the continued use and management of the land for the intended purposes. The formation and incorporation by the applicant of one or more appropriate property owners' associations shall be required prior to plat approval. A copy of the proposed property owner's deed and the by-laws and other relevant documents of the property owner's association shall be submitted with the application. The following shall be required if open space is to be dedicated to a property owner's association: [1] Covenants providing for mandatory membership in the association and setting forth the owner's rights, interests, and privileges in the association and the common land, must be included in the deed for each lot or unit; [2] The property owners' association shall have the responsibility of maintaining the open space and operating and maintaining recreational facilities; [3] The association shall have the authority to levy charges against all property owners to defray the expenses connected with the maintenance of open space and recreational facilities; and [4] The applicant shall maintain control of dedicated open space and be responsible for its maintenance until 75% of occupancy permits for residential units have been issued and development is sufficient to support the association. 7. If development occurs in phases, the provision of dedicated natural open space may also be phased with the construction of improvements. 8. Pre-development streets and other impervious surfaces shall be excluded from the calculation of the minimum dedicated open space requirement. B. Lighting Standards. 1. All outdoor lighting shall be designed to the standards of the International Dark-Sky Association (IDA), or an equivalent set of standards that effectively reduce light pollution. 2. Lighting shall be provided within all parking lots. Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-115 C. Underground Utility Standards. All new utilities shall be located underground. The Planning Commission may authorize the use of overhead lines where underground lines would adversely impact wetlands or other physical features of the land, or where the use of overhead lines is temporary. D. Buffer Standards. Landscaped buffers shall be provided for uses within the MCD District as follows: 1. A fifty-foot (50’) buffer shall be provided between adjoining properties of a different zoning category and nonindustrial uses within the MCD District. 2. A one-hundred-foot (100’) buffer shall be provided between industrial and nonindustrial uses within the MCD District. 3. A two-hundred-foot (200’) buffer shall be provided between adjoining properties of a different zoning category and industrial uses within the MCD District. 4. Buildings or structures shall be restricted within buffer areas, excluding small buildings or structures necessary to provide public utilities. Fifty percent (50%) of buffer areas may be used for active uses other than buildings and structures. E. Screening Standards. Screening shall be provided for uses within the MCD District as follows: 1. Service bays shall be screened or oriented so they are not visible from public streets. 2. Outdoor display or storage of goods or merchandize shall be restricted, unless screened from view. The Planning Commission may authorize specific locations for outdoor display or seasonal outdoor storage as part of the site plan review process. To minimize negative aesthetical impacts of any authorized outdoor display or seasonal outdoor storage that is not fully screened, the Planning Commission may require additional landscaping or other site improvements. 3. Dumpster pad sites and mechanical equipment systems shall be screened so they are not visible from public streets. Such screening shall consist of an evergreen screen, wood fencing, or masonry wall that is consistent with the architectural design of the principle building on the lot. 4. An ornamental fence, masonry or stone wall, and/or landscaping screen shall be provided around the perimeter of a development within the MCD District and adjoining properties of a different zoning category. General details of such screening shall be designated on the Concept Plan. F. Miscellaneous Standards 1. The gross land area of land devoted to commercial retail shall not exceed forty (40) percent of the gross land area of the development. Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-116 2. The gross land area of land devoted to residential uses shall not exceed forty (40) percent of the gross land area of the development. 3. Pedestrian sidewalks, trails, and crosswalks shall be designed to connect clusters of buildings to common areas and retail areas. 4. Common areas shall be provided throughout the project. Common areas shall include amenities such as, but not limited to, pedestrian and bicycle trails, bicycle parking racks, pavilions, gardens, benches, picnic tables, and fountains. 5. Incidental automobile repairs shall be permitted as an accessory use for automobile and truck sales lots and leasing agencies only if the use is located within a fully enclosed building. LIMITED INDUSTRIAL DISTRICT (I-1) 175-54 STATEMENT OF INTENT (I-1) The primary purpose of the I-1 District is to permit certain industries in town which do not in any way detract from residential desirability of nearby areas and to permit industries to locate near a labor supply. Mobile homes for residential purposes are prohibited but may be used for certain other uses as stated below. 175-55 USES PERMITTED BY RIGHT (I-1) Subject to the standards and requirements set forth in this Chapter, except as prohibited or restricted by separate restrictions of record that may pertain to property within the I-1 District, the following uses of land and buildings are permitted by-right in the I-1 District: RESIDENTIAL: Caretaker quarters. COMMERCIAL: Automobile and truck sales lots and leasing agencies, in accordance with 175-44.E. Automobile garage (auto repair) Automobile service stations (gas stations) Coal and wood yards, lumberyards and feed/seed stores. Commuter parking facilities Contractor’s offices, display rooms and storage. Furniture stores Lumber and building supply. Veterinary hospitals Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-117 INDUSTRIAL: Distribution facilities Light Manufacturing. Woodworking and upholstery shop. Wholesale ORGANIZATIONAL: Laboratory, pharmaceutical and/or medical. MISCELLANEOUS: Accessory uses, structures and buildings. Home occupations. Open Space Public facilities. Public parks and playgrounds. Public utilities. Signs, as set forth in Section 175-106. Special childcare services. Such other uses as determined similar to one or more enumerated uses by the Zoning Administrator. (Amended 4-14-03, 7-25-05 and 6-22-15-Effective Upon Passage) 175-56 USES PERMITTED BY SPECIAL PERMIT (I-1) A. The following uses are permitted within the I-1 District only by approval of a special use permit, except as prohibited or restricted by separate restrictions of record that may pertain to property within the I-1 District: RESIDENTIAL: COMMERCIAL: Assembly Halls. Business Offices. Clubs. Barber and beauty shops. Kennels. Professional Offices. Recreation facility, commercial. Restaurant, including drive-in restaurants. Retail Stores. Technology Business INDUSTRIAL: Medium Industrial. ORGANIZATIONAL: Chapter 175 TOWN OF FRONT ROYAL MUNICIPAL CODE Chapter 175 175-118 MISCELLANEOUS: Any use permitted under Section 175-55, or specifically listed above under this subsection, that proposes to occupy a building or structure that exceeds the height requirements of Section 175-60, subject to the requirements of Section 175-136. Additional heights approved by a special use permit shall be required to increase the required setback and yard area requirements by an equivalent distance from each property line. Communications Towers and cable television facilities, with wireless telephone (cell phone) communications tower subject to the supplemental provisions prescribed in Section 175-110.4. Conservation Areas Mini-warehouses Parking Structures (Amended 8-12-91, 1-27-03, 4-14-03, 9-26-05, 7-28-08, 7-23-12 and 6-22-15-Effective Upon Passage) 175-57 AREA (I-1) The minimum lot area shall be ten thousand (10,000) square feet. 175-58 SETBACK (I-1) Buildings shall be located twenty (20) feet or more from any street right-of-way which is fifty (50) feet or greater in width or forty-five (45) feet or more from the center line of any street right-of- way less than fifty (50) feet in width. 175-59 FRONTAGE AND YARDS (I-1) A. The minimum lot width shall be sixty (60) feet. B. Each side and rear yard shall be a minimum of ten (10) feet. The side and rear yard adjoining or adjacent to a residential district shall be forty (40) feet. 175-60 HEIGHT (I-1) Buildings may be erected up to a height of forty-five (45) feet. Chimneys, flues, cooling towers, flagpoles, radio or communication towers or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four (4) feet above the height of the building on which the walls rest. Download 4.8 Kb. Do'stlaringiz bilan baham: |
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